Procedures for Motions to Lift an Automatic Stay
 

1. Section 10B-9A of the Montgomery County Code allows a community association to request that the Commission lift the automatic stay imposed by Section 10B-9(e). If the community association files such a request, the request must be in writing and signed by a duly-authorized member of the board of directors. The signature must be accompanied by the signer’s printed name and a statement of the signer’s position on the board. The request must state facts that demonstrate that enforcing the stay would result in undue harm to the community association and lifting the stay will not result in undue harm to the rights or interests of any opposing party.
2. The community association should endeavor to serve a copy of its request on the opposing party prior to filing its request with the Commission.
3. The community association should inform the opposing party in writing that pursuant to Section 10B-9A of the Montgomery County Code the opposing party must respond to the request within ten (10) days after receiving it by filing a written response with the staff.
4. As soon as possible after the staff receives a written request to lift the automatic stay, the staff will review it to confirm that it has been served by certified mail or personal service on the opposing party (it must include a certificate of service).
5. As soon as possible after the staff receives a written request to lift the automatic stay, the staff will send to the special panel and to the County Attorney the following:
   1. an email noting the 20-day deadline by which the panel must rule;
   2. a copy of Complaint; and
   3. a copy of the Motion to Lift Automatic Stay and supporting documentation.
6. A soon as possible after the staff receives a written response to the request from the Complainant, the staff shall send to the special panel and the County Attorney the following:
   1. a copy of the Response to Motion to Lift Automatic Stay;
   2. a copy of Response to Complaint (if any); and
   3. all additional relevant information provided (emails, letters).
7. The 10-day response time of Section 10B-9A(c) begins to run from the date that the Complainant receives personal service of the request or the date that the U.S. Postal Service first attempts to deliver the certified mail, whichever comes first in time.
8. The panel will review the documents submitted by the staff and draft an order granting or denying the Motion, for issuance within 20 days after the filing date of the request to lift the stay.
9. Pursuant to Section 10B-9A(e), in order to grant relief from a stay, the panel must find that enforcing the stay would result in undue harm to the community association and lifting the stay will not result in undue harm to the rights or interests of any opposing party. The panel’s order shall state its finding in this regard.
10. The staff will send a copy of the panel’s decision to the parties by regular mail and by email as soon as possible after receiving it.